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(영문) 서울중앙지방법원 2013.08.14 2012고단4893

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any member of the public duty personnel who deserts from their service shall neither leave his post nor serve in the relevant field for at least eight days in total without justifiable grounds;

Nevertheless, on May 24, 2010, the Defendant retired from service for at least eight days in total for five days from December 5, 201 to December 6, 201, for five days from December 26, 2011, and for five days from January 2, 201 to January 6, 201.

2. A person liable to file a move-in report shall file a move-in report within 14 days if he/she had a person liable to file a move-in report, but the Defendant did not file a move-in report even if he/she moved his/her place of residence to an unsound place from January 2, 2012, which was registered as his/her domicile domicile as of March 30, 2012.

Summary of Evidence

1. Statement of the defendant in the second trial records of this case;

1. Each accusation;

1. A written investigation of escape from service;

1. Application of Acts and subordinate statutes to public officials in charge;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The renunciation of service in the judgment: Subparagraph 1 of Article 89-2 of the Military Service Act;

(b) Failure to report the change of residence in the holding: Articles 84 (2) and 69 (1) of the Military Service Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Scope of grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order;

1. Three years from the date of imprisonment with prison labor for a violation of the Military Service Act following a renunciation of service in the judgment;

2. Punishment of a fine of 50,000 won (limited to a fine) and two million won (limited to a fine) for a violation of the Military Service Act due to a failure to report a change of residence;

1. Ten months of imprisonment with prison labor for a violation of the Military Service Act following a renunciation of service in a judgment;

2. A fine of 50,000 won or more shall be imposed for a violation of the Military Service Act due to a failure to report a change of residence;